How is it a cop shoots another cop due to poor training or negligence and the home owner is charged with assault. I guess I get it, yet I wonder if we are giving away to much in the name of law and order.

--------------------------------------------------------------------

Man Charged With Reckless Endangerment, Assault After Cop Shoots Other Cop in the Back

A Pennsylvania man was charged with reckless endangerment, assault, endangering the welfare of a child and illegal possession of a firearm in an incident that ended with one police officer shooting another in the back as they attempted to force their way through the door. Via the Pittsburgh Tribune Review:

Police said Lijewski was carrying a loaded shotgun around his home in the 5100 block of Elmwood Drive when his girlfriend called 911. Four officers arrived, including Baldwin Borough police Sgt. Ralph Miller, who knocked on the front door while a second Baldwin officer moved into a backup position behind him.

Lijewski answered the door but refused orders to show both hands. Miller could see a woman holding a child in the house and wanted to speak with her when Lijewski began shutting the door. The second Baldwin officer put his foot in the door, and Miller put his shoulder into the door to try to force it open wider.

The second officer fired two shots with his patrol rifle, striking Miller, 54, between the bottom of his bulletproof vest and his belt.
The key detail, though, comes via the AP:

Police responded even after a woman called back to say Lijewski had unloaded the weapon and police were no longer needed.

03-07-2013, 02:56 PM

JetPotato

Butt Fumble with bullets

03-07-2013, 03:19 PM

cr726

The key detail? You're serious? Woman calls in fear of her
life because a male has a loaded gun, but you think because she called back and said he unloaded its all good?

Quote:

Originally Posted by gunnails

How is it a cop shoots another cop due to poor training or negligence and the home owner is charged with assault. I guess I get it, yet I wonder if we are giving away to much in the name of law and order.

--------------------------------------------------------------------

Man Charged With Reckless Endangerment, Assault After Cop Shoots Other Cop in the Back

A Pennsylvania man was charged with reckless endangerment, assault, endangering the welfare of a child and illegal possession of a firearm in an incident that ended with one police officer shooting another in the back as they attempted to force their way through the door. Via the Pittsburgh Tribune Review:

Police said Lijewski was carrying a loaded shotgun around his home in the 5100 block of Elmwood Drive when his girlfriend called 911. Four officers arrived, including Baldwin Borough police Sgt. Ralph Miller, who knocked on the front door while a second Baldwin officer moved into a backup position behind him.

Lijewski answered the door but refused orders to show both hands. Miller could see a woman holding a child in the house and wanted to speak with her when Lijewski began shutting the door. The second Baldwin officer put his foot in the door, and Miller put his shoulder into the door to try to force it open wider.

The second officer fired two shots with his patrol rifle, striking Miller, 54, between the bottom of his bulletproof vest and his belt.
The key detail, though, comes via the AP:

Police responded even after a woman called back to say Lijewski had unloaded the weapon and police were no longer needed.

03-07-2013, 03:41 PM

gunnails

Quote:

Originally Posted by cr726

The key detail? You're serious? Woman calls in fear of her
life because a male has a loaded gun, but you think because she called back and said he unloaded its all good?

==================================================

I was thinking the key detail was that a cop had his booger finger on the trigger with out a target and not ready to shoot and had a negligent discharge into another cop, twice. And the alleged suspect gets charged.

A butt fumble indeed.

03-07-2013, 05:18 PM

32green

Quote:

Originally Posted by JetPotato

Butt Fumble with bullets

Lol:D

Sad but true.

Those charges are not sustainable.

For the record, the fact that she called back stating that he had unloaded the gun means nothing in this scenario, she could have made the call with a double barrell pressing on her temple.

Cops blew it.

03-07-2013, 05:34 PM

stanner

Quote:

Originally Posted by gunnails

==================================================

I was thinking the key detail was that a cop had his booger finger on the trigger with out a target and not ready to shoot and had a negligent discharge into another cop, twice. And the alleged suspect gets charged.

A butt fumble indeed.

He wasn't charged with shooting a cop, he was charged with things he likely would have been charged with regardless of the shooting. You think he only got charged because a cop got shot?

03-07-2013, 05:55 PM

32green

Quote:

Originally Posted by stanner

He wasn't charged with shooting a cop, he was charged with things he likely would have been charged with regardless of the shooting. You think he only got charged because a cop got shot?

I think because the article only mentioning an injury to the shot cop, he was referring to the assault charge.

-

03-07-2013, 06:40 PM

stanner

Quote:

Originally Posted by 32green

I think because the article only mentioning an injury to the shot cop, he was referring to the assault charge.

-

Assault in pa would include menacing or threatening someone with a weapon. The girlfriend is likely the victim. I don't get the impression that he was charged with anything re; the shooting.

03-07-2013, 06:52 PM

cr726

Quote:

Originally Posted by stanner

Assault in pa would include menacing or threatening someone with a weapon. The girlfriend is likely the victim. I don't get the impression that he was charged with anything re; the shooting.

Unless the officer witnessed that act he can't be charged

03-07-2013, 07:14 PM

stanner

Quote:

Originally Posted by cr726

Unless the officer witnessed that act he can't be charged

That's not true.

03-07-2013, 08:34 PM

32green

Quote:

Originally Posted by stanner

Assault in pa would include menacing or threatening someone with a weapon. The girlfriend is likely the victim. I don't get the impression that he was charged with anything re; the shooting.

Gotcha.

Not familiar with the Assault statutes in Pa. Thats broader than the NYS parameters.

Prayers for the Officers full recovery.

-

03-07-2013, 08:41 PM

McGinley

R.I.P Bacon.

03-07-2013, 09:09 PM

cr726

Quote:

Originally Posted by stanner

That's not true.

It's absolutely true.

§ 8902. Arrest without warrant.
(a) General rule.--For any of the following offenses, a
police officer shall, upon view, have the right of arrest
without warrant upon probable cause when there is ongoing
conduct that imperils the personal security of any person or
endangers public or private property:
(1) Under Title 18 (relating to crimes and offenses)
when such offense constitutes a summary offense:
18 Pa.C.S. § 5503 (relating to disorderly conduct).
18 Pa.C.S. § 5505 (relating to public drunkenness).
18 Pa.C.S. § 5507 (relating to obstructing highways and
other public passages).
18 Pa.C.S. § 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed
beverages).
(2) Violation of an ordinance of a city of the second
class.
(b) Guidelines by governmental body.--The right of arrest

03-07-2013, 09:13 PM

gunnails

Quote:

Originally Posted by stanner

He wasn't charged with shooting a cop, he was charged with things he likely would have been charged with regardless of the shooting. You think he only got charged because a cop got shot?

=================================================

Good point. I am assuming he was charged with assault for the negligent discharge of the patrol rifle. I just thought the story was different based on my assumption they charged him with assault and endangering a child because one cop shot another, but I probably do have it all wrong.

The article is incomplete to all the details. I had read another article about this story that explained the Perp has a criminal record that prevents him from owning firearms, it also mentioned that a third officer who had been I guess covering the house around the corner and when he heard the two gunshots ran around the corner and returned fire on the cops at the door but thankfully he fired high and missed them.

03-07-2013, 09:15 PM

gunnails

Quote:

Originally Posted by McGinley

R.I.P Bacon.

================================================

Could you expand on your thoughts a bit? Cause no one has died.

03-07-2013, 09:38 PM

stanner

Quote:

Originally Posted by cr726

It's absolutely true.

§ 8902. Arrest without warrant.
(a) General rule.--For any of the following offenses, a
police officer shall, upon view, have the right of arrest
without warrant upon probable cause when there is ongoing
conduct that imperils the personal security of any person or
endangers public or private property:
(1) Under Title 18 (relating to crimes and offenses)
when such offense constitutes a summary offense:
18 Pa.C.S. § 5503 (relating to disorderly conduct).
18 Pa.C.S. § 5505 (relating to public drunkenness).
18 Pa.C.S. § 5507 (relating to obstructing highways and
other public passages).
18 Pa.C.S. § 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed
beverages).
(2) Violation of an ordinance of a city of the second
class.
(b) Guidelines by governmental body.--The right of arrest

Except that your list doesn't include assault, doesn't account for the warrantless arrest statue as it relates to domestic violence situations, as this clearly was, and nobody's talking about arrested; it says charged.

I kinda know what I'm talking about here, friend.

03-08-2013, 02:32 AM

cr726

Quote:

Originally Posted by stanner

Except that your list doesn't include assault, doesn't account for the warrantless arrest statue as it relates to domestic violence situations, as this clearly was, and nobody's talking about arrested; it says charged.

I kinda know what I'm talking about here, friend.

The actual article sheds more light on the charges.

Quote:

Lijewski ripped the phone off the wall when his girlfriend called 911, punched holes in the bathroom door and almost broke through a bedroom door where his girlfriend hid with two children, Scott said.
Phil DiLucente, who with attorney Jim Ecker is representing Lijewski, said he is not sure whether his client would be facing charges if Miller had not been injured.
“Police officers have a certain procedure they have to follow in any domestic call. If they had made entry and found there was no true victim under the circumstances, maybe not. In this particular case, the officer did get shot ,and there was an understanding that maybe a little more had gone on in the residence,” he said.

Why the hell isn't the LEO being charged with reckless endangerment? He discharged a weapon at a door as it was being closed. There were women and children in there, and he was reckless and irresponsible enough to hit another officer.

Yeah, the guy parading around his home with a loaded shotgun destroying things ought to be charged with a crime, but is there any doubt that the most grievous crime was committed by one of the police officers responding to the situation?

03-08-2013, 06:04 PM

freestater

Quote:

Originally Posted by stanner

Except that your list doesn't include assault, doesn't account for the warrantless arrest statue as it relates to domestic violence situations, as this clearly was, and nobody's talking about arrested; it says charged.